II 

118TH CONGRESS 

2D SESSION S. 5214 

To require States to measure and publicly report on the separation of children 

from parents by hidden foster care arrangements, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 25, 2024 

Mr. CORNYN (for himself and Mr. OSSOFF) introduced the following bill; 

which was read twice and referred to the Committee on Finance 

A BILL 

To require States to measure and publicly report on the 

separation of children from parents by hidden foster 

care arrangements, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Foster Care Placement 

5 Transparency Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) In some circumstances, upon a family first 

9 coming to the attention of a child protective services 

10 agency, for various reasons, a child may newly enter 


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1 a hidden foster care arrangement either as a direct 

2 or indirect result of contact with the child protective 

3 services agency. 

4 (2) While a hidden foster care arrangement 

5 may be in the best interests of a child, there is no 

6 measure of the extent to which hidden foster care 

7 arrangements are used by States. 

8 (3) Because hidden foster care arrangements 

9 are made upon the initial contact of a family by a 

10 child welfare agency, such arrangements are also the 

11 first opportunity States may have to provide support 

12 to the new caregivers to a child who is in a hidden 

13 foster care arrangement and serve the best interests 

14 of the child. 

15 (4) However, due to a lack of understanding of 

16 the instances in which hidden foster care arrange17 ments are used throughout States, it is difficult to 

18 determine how the needs of children, their new care19 givers, and families can be best supported in cases 

20 of hidden foster care arrangements as well as the 

21 manner in which Federal funds or oversight could be 

22 best directed to support States in their work with 

23 these cases. 

24 SEC. 3. DEFINITIONS. 

25 In this Act: 


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1 (1) HIDDEN FOSTER CARE ARRANGEMENT.— 

2 The term ‘‘hidden foster care arrangement’’ means 

3 any separation of a child from the child’s parents or 

4 primary caregivers during an investigation by a 

5 State, county, local, or tribal child protective services 

6 agency (in this Act referred to as a ‘‘CPS agency’’) 

7 that occurs without the State taking responsibility 

8 for the care or placement of the child and without 

9 a court order or the involvement and oversight of a 

10 court of law, whether voluntary or involuntary. Such 

11 term includes— 

12 (A) arrangements in which a CPS agency 

13 suggests, implies, or insists that a parent 

14 should or must permit the parent’s child to live 

15 with someone else in response to an investiga16 tion of allegations that the parent, or a spouse, 

17 partner, or other individual who resides with 

18 the parent, has neglected or abused the child; 

19 and 

20 (B) arrangements commonly referred to as 

21 ‘‘kinship diversion,’’ ‘‘foster care diversion,’’ 

22 ‘‘safety planning,’’ and ‘‘informal family plan23 ning’’ to the extent that these arrangements 

24 occur without a court order or court oversight. 


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1 (2) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Health and Human Services. 

3 (3) STATE.—The term ‘‘State’’ has the mean4 ing given that term in section 1101(a) of the Social 

5 Security Act (42 U.S.C. 1301(a)) for purposes of 

6 parts B and E of title IV of such Act (42 U.S.C. 

7 621 et seq., 671 et seq.). 

8 SEC. 4. STATE REPORTS ON HIDDEN FOSTER CARE AR9 RANGEMENTS. 

10 As a condition for payment of funds under a State 

11 plan approved under the Marylee Allen Promoting Safe 

12 and Stable Families Program under subpart 2 of part B 

13 of title IV of the Social Security Act (42 U.S.C. 629 et 

14 seq.) for each reporting period beginning with the first 

15 year that begins on or after the date that is 2 years after 

16 the date of enactment of this Act, a State shall submit 

17 to the Secretary with the report required under section 

18 432(a)(8)(B) of such Act (42 U.S.C. 629b(a)(8)(B)) for 

19 the fiscal year involved, data and a written report that 

20 specifies, for each such fiscal year— 

21 (1) the number of children separated from their 

22 parents by a hidden foster care arrangement; 

23 (2) the number of hidden foster care arrange24 ments that ended without the child entering the for25 mal foster care system; 


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1 (3) the number of hidden foster care arrange2 ments that ended through the placement of the child 

3 into the formal foster care system; 

4 (4) the category or type of allegation raised in 

5 each case which resulted in a separation of a child 

6 from their parents by a hidden foster care arrange7 ment; and 

8 (5) to the extent data is available, the number 

9 of caregivers in a hidden foster care arrangement 

10 who received additional services including referrals 

11 to kinship navigator programs, prevention services 

12 programs funded under part B or E of title IV of 

13 the Social Security Act (42 U.S.C. 621 et seq., 671 

14 et seq.), services provided by an entity or organiza15 tion other than a CPS agency, or to legal counsel. 

16 SEC. 5. SECRETARIAL RESPONSIBILITIES. 

17 (a) ANNUAL REPORT TO CONGRESS ON HIDDEN

18 FOSTER CARE PRACTICES.—The Secretary shall submit 

19 an annual report to Congress based on the most recent 

20 State reports submitted under section 4. Each annual re21 port shall include the following: 

22 (1) The total number of children for whom a 

23 hidden foster care arrangement ended during the fis24 cal year reported on, and of that number— 


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1 (A) how many of the hidden foster care ar2 rangements ended without the child entering 

3 the formal foster care system; and 

4 (B) how many of the hidden foster care ar5 rangements ended through the placement of the 

6 child into the formal foster care system. 

7 (2) The total number of each category or type 

8 of allegation raised in a case which resulted in a sep9 aration of a child from their parents by a hidden 

10 foster care arrangement. 

11 (3) To the extent data is available, the number 

12 of caregivers in a hidden foster care arrangement 

13 who received additional services, including referrals 

14 to kinship navigator programs, prevention services 

15 programs funded under part B or E of title IV of 

16 the Social Security Act (42 U.S.C. 621 et seq., 671 

17 et seq.), services provided by an entity or organiza18 tion other than a CPS agency, or legal counsel. 

19 (4) A summary of the number of States that 

20 submitted a report under section 4 for the fiscal 

21 year involved and the way in which those States ad22 dress hidden foster care arrangements within the 

23 most recent State plan reports submitted part B or 

24 E of title IV of the Social Security Act (42 U.S.C. 

25 621 et seq., 671 et seq.). 


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1 (b) IMPLEMENTATION.— 

2 (1) CONSISTENT DATA.—The Secretary shall 

3 ensure that, to the extent practicable, the data and 

4 information required to be reported under section 

5 4— 

6 (A) is collected and reported in a reliable 

7 and standardized manner by all States; 

8 (B) provides a comprehensive, national pic9 ture of the practice of hidden foster care ar10 rangements; and 

11 (C) draws upon and does not duplicate 

12 other required child welfare data collection and 

13 reporting regarding children for, or on whose 

14 behalf, prevention services are offered, including 

15 under section 471(e)(5)(B)(x) of the Social Se16 curity Act (42 U.S.C. 671(e)(5)(B)(x)), section 

17 479 of such Act (42 U.S.C. 679), and subpara18 graphs (C) and (D) of section 103(c)(1) of the 

19 Child Abuse Prevention and Treatment Act and 

20 106(d) of the Child Abuse Prevention and 

21 Treatment Act (42 U.S.C. 5103(c)(1), 

22 5106a(d)). 

23 (2) GUIDANCE; TECHNICAL ASSISTANCE.—The 

24 Secretary may use funds made available to carry out 

25 part B of title IV of the Social Security Act (42 


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1 U.S.C. 621 et seq.) to issue guidance or provide 

2 technical assistance to States with respect to the 

3 data and information required to be reported under 

4 section 4. 

5 (3) PUBLICATION AND MANNER OF SUBMIS6 SION.—The Secretary— 

7 (A) may include the report required by 

8 subsection (a) in the annual compilation of 

9 State reports required to be submitted to Con10 gress under section 432(c) of the Social Secu11 rity Act (42 U.S.C. 629b(c)); and 

12 (B) shall make each report submitted to 

13 Congress in accordance with subsection (a) pub14 licly available. 

Æ 


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